Manjula Chellur, C.J.
Petitioner is running a brick industry in the name and style “N.R.Hollow Bricks” at Agali, Mannarkkad, Palakkad district. According to him, the area where the industry is running is not covered by notification under Kerala Head Load Workers Act and Rules. In spite of it, respondent unions are demanding work from petitioner, though there is not enough work in the industry. According to petitioner, respondent unions never used to attend any loading and unloading work in petitioner's unit on earlier occasion and it is nothing but illegal demand. According to petitioner, loading and unloading work is only incidental to his main manufacturing activity and therefore, he does not have any particular employees to do the said work. Even otherwise, petitioner has his own workers to do the work in brick industry and there is no obligation for him to entrust the work to members of respondent unions, as it is not a scheme covered area. This fact WP(C).13565/14 2 is confirmed with the statement of learned Standing Counsel for Welfare Fund Board.
In the light of the fact that it is not a scheme covered area, respondents have no right to demand any work and create nuisance to petitioner. As and when such disturbance is caused, respondent police are directed to extend assistance by giving proper and effective protection.
The Writ Petition is disposed of as above.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs6.6.14